wh a & f Y>, * & “es Ly tv, Ay STATE OF FLORIDA “ Wi Np 42, 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION“ & oe Qn S? FLORIDA REAL ESTATE COMMISSION Oy FLORIDA DEPARTMENT OF BUSINESS L | AND PROFESSIONAL REGULATION, OO (a O Petitioner, vs. FDBPR Case N° 98-84440 JOSEPH E. BRYANT, SR., Respondent. / ADMINISTRATIVE COMPLAINT The Florida Department of Business and Professional Regulation, Division of Real Estate ("Petitioner") files this Administrative Complaint against Joseph E. Bryant, Sr. ("Respondent"), and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, including § 20.165, and Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated thereunder. . 2 At all material times, Respondent is and was at all times material hereto a licensed Florida real ¢ estate broker, issued license number 01 14546 i in accordance with ‘Chapter 475(Part I), Fla. Stat. 3. The last license issued was as a broker, t/a Bryant Realty, 655 Amor Drive, Cocoa, Florida 32927. rare an Wo ad FDBPR v. Joseph E. Bryant, Sr. Case No. 98-84440 Administrative Complaint 4. Prior to November 30, 1995, Respondent was a licensed real estate broker employed with Green Realty. 5. On or about May 9, 1995, » Respondent and Maria Rodriguez entered into an Exclusive Right of Sale Contract ct regarding a a vacant lot located at 7200 Freeport Road, Port St. John, Florida. A copy of such contract is is attached and incorporated as Exhibit 1. 6. The legal description of the Rodriguez property is “Lot 11, Block 224, Unit 7 of Port St. John according to the plat thereof recorded in P.B. 23, Page 60 of the Public Records of Brevard County, Florida.” 7. Respondent noted a short-hand version of the legal description on the Exclusive Right of Sale Contract, which he filled in by hand. 8. The Exclusive Right of Sale Contract expired sometime prior to December 1995. 9. Thereafter, Ms. Rodriguez entered into a similar listing agreement with salesperson Paul Hayhurst at Aladdin Real Estate. 10. Between November 30, 1995 and April 10, 1996, Respondent was employed by Martha Hinkley and My Place Realty as a licensed real estate broker/salesperson. 11. Gary and/or Valerie Foskey owned and lived on real property located at 7180 - ‘Freeport R Road, Port St. q ohn, Florida, and having th the egal description “I “Lot 9, Block 224, Unit 7, Port St. John, according t to the plat thereof recorded i in P.B. 23, Page 60 of the Public Records of Brevard County, Florida.” WwW we FDBPR v. Joseph E. Bryant, Sr. Case No. 98-84440 Administrative Complaint 12. In approximately December 1995, Gary and/or Valerie Foskey observed a “My Place Realty” for-sale sign attached to the vacant lot adjacent to their home, which was, in actuality, Lot 10, Bloc 224, Unit 7 of the Port St. John plat. 13. Gary and/or Valerie Foskey contacted Respondent at My Place Realty to inquire about the lot for sale. 14. Gary and/or Valerie Foskey advised Respondent that they sought to purchase the vacant lot adjacent to the lot they already owned and lived upon. 15. On or about December 22, 1995, Respondent filled out by hand a Contract for Sale and Purchase form as an offer from Gary Foskey to purchase the vacant lot adjacent to the Foskey home. On the form, Respondent identified Mr. Foskey’s address as “7180 Freeport Road,” the property to be purchased as “7200 Freeport Road” and identified such lot’s legal description as “Lot 11, Block 224, Unit 7 Port St. John as recorded in plat book 23, page 60, public records, Brevard County, Fla.” A copy of the form is attached and incorporated as Exhibit 2. 16. On or about December 28, 1995, Mr. Foskey’s offer was accepted by the owner, Maria Rodriguez, 17. Sometime e prior to © closing, Gary 2 and/or Valerie ie Foskey. observed Respondent at the vacant lot + adjacent to their home. At that time, . Gary and/or Valerie Foskey walked with Respondent on the vacant lot adjacent to their home and had a conversation about the property wt le le FDBPR v. Joseph E. Bryant, Sr. Case No. 98-84440 Administrative Complaint and the purchase. 18. The Rodriguez-Foskey transaction closed on January 16, 1996. 19. On or about January 17, 1996, Respondent delivered to Gary and/or Valerie Foskey a one-page copy of the Brevard County plat map book showing the lots on Freeport Road. On the plat map, Respondent highlighted Lots 10 and 11, indicating that these were the lots owned by the Foskeys. A copy of the plat map delivered by Respondent is attached and incorporated as Administrative Complaint Exhibit 3. 20. Respondent operated as the buyer’s agent in the Rodriguez-Foskey transaction. 21. As buyer’s agent, Respondent’s duties to Gary and/or Valerie Foskey included the duty to use skill, care and diligence. 22. Atno relevant time did Respondent make an effort to confirm the true address and legal description of the lot adjacent to the Foskeys’ home. 23. Respondent knew or should have known that the vacant lot adjacent to the Foskey home is located at 7190 Freeport Road and has a legal description of “Lot 10, Block 224, Unit 7 Port St. John”. __ 24. Respo ident knew or should have known (including having previously held a listing for the disputed lot) that the vacant lot located at 7200 Freeport Road and with the legal description of “Lot 11, Block 224, Unit 7 Port St. John” was not adjacent to the Foskey home. 25. Asaresult of Respondent’s negligence and/or failure to use skill, care and diligence, cates te tie a FDBPR v. Joseph E. Bryant, Sr. Case No. 98-84440 Administrative Complaint the Foskeys purchased the real property located at 7200 Freeport Road (Lot 11) when they at all times sought to purchase the real property located at 7190 Freeport Road (Lot 10). COUNT I Based upon the foregoing, Respondent is guilty of culpable negligence or breach of trust in any business transaction in violation of § 475.25(1)(b), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or ~ any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; Ww Ww FDBPR v. Joseph E. Bryant, Sr. Case No. 98-84440 Administrative Complaint imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order: or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this Lb K day of _/ 2h Liorry , 2000. Department of Business and Professional Regutation By: Herbert S. Fecker, Jr. Director, Division of Real Estate ATTORNEY FOR PETITIONER Robert W. Burijon, Jr. Florida Bar N° 434485 Senior Attorney, Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX RWB/k | ; i af : ay Ep "IO io FDBPR v. Joseph E. Bryant, Sr. 4p, Oy, fy Or 4, Case No. 98-84440 Administrative Complaint We sn ‘ >> Po T OG PCP: DS/LI 2/00 Ey. NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate ~ Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. Pe NC mere eee , EXCLUSIVE RIGHT OF SALE CONTRAC} MLS) -. (p , : The Information contained on this and attached p* —_* warranted by the owner to be correct. Required Information should be’ d : La J execution of this itstrument, eet, THIS AGREEMENT made and entered into this __ F _ aay "AID AY "Ss oy and between IZELS A AGDELGUES. AS SOwner) and GZeE LY ReevGglTY (REALTOR®). aM - nn “7) of 19 os yy ’ ‘ & WITNESSETH: 4. That Owner hereby gives REALTOR for a period of time and terminating the —— - 78" 0, oe) upon the following price and terms or any lower price acceptable to Owner. We, “ raf Os Price: $ LL Gop Tems: _ C451 hens on, a . : i ; Mes F Snare USP NE ng PRS epSneneneeemnpererisereeemcneare er remee aC 2. That in the event a purchaser be found for the Property on said price and terms or as otherwise acceptable to Owner, then this transaction will be closed in © conformity with the Terms and Standards contained in the Contract for Sale and Purchase most recently approved by the Florida Association of ° REALTORS and The Florida Bar, which instrument or its equivalent will be used in connection with this transaction, 3. That in consideration for the Exclusive Right Of Sale, REALTOR agrees: a. To process Property through the Multiple Listing Service offered by the Cape Kennedy Area Board of REALTORS, inc. b. To inspect Property and otherwise promote sale of Property. c. To advertise Property as REALTOR deems advisable in newspapers, publications or other media. . d. To furnish information requested by any other REALTOR or licensed real estate broker and to assist cooperating broker in closing transaction on the Property when requested. e. To take all reasonable precautions to prevent damage in the process of showing Property or permitting others to show Property but to accept NO responsibility for damage or loss either to Property or personality therein. 4, That in consideration of the obligations of the REALTOR, Owner agrees: ' a, To pay the REALTOR at the time of clasing on the sale of the Property and from the disbursement of the proceeds of said sale, compensation in the | | amount of /27% of gross purchase price OR §$. for REALTOR's services in effecting the sale by finding a purchaser teady, willing and able to purchase pursuant to this Agreement. In the event that the deposit(s) be retained, 50% thereof, but not exceeding the compensation above provided, shail be paid to the REALTOR as full consideration for REALTOR’s services, including costs expended by REALTOR, and the balance shall be paid to Owner. If the transaction shalf not be closed because of refusal or failure of Owner to perform, the Owner shall pay the said compensation in full to REALTOR upon demand. |. To refer immediately to REALTOR all inquiries relative to the purchase of the Property. Not to lease, mortgage or otherwise encumber the Property. ang b . To pay REALTOR the compensation above stated in the event of sale or exchange of the Property during the terms of this Agreement, whether said sale az or exchange is accomplished by the REALTOR or any other person or entity including only the Owner. . = : e. To be obligated to pay compensation due REALTOR if Property is sold, conveyed or otherwise transferred within. GOtays after Termination Date to = anyone with whom. REALTOR and thase working by or through the REALTOR, or the Owner has had negotiations prior to Termination Date, provided the a name of the party to whom the property is sold, conveyed or otherwise transferred is included in a list of names furnished to the Owner no later than (ten) = = 10 days subsequent to Termination Date, of those parties to whom the property has been shown by the REALTOR and those working by or through the « | REALTOR prior to Termination Date, However, the obligation to pay such compensation to REALTOR shalt be waived if 2 valid listing is entered into Q le subsequent to Termination Date with another licensed real estate broker and a sale, lease, exchange or contract therefor, of the property is made during Q> Ne raat the term thereof. ~ f. To warrant accuracy of information set forth herein and on the exhibits and addenda attached hereto and to indemnify REALTOR and those relying tid i thereon for any errors contained therein. > 3, That, as agent for Owner, REALTOR, or any cooperating licensed real estate broker, is authorized to accept, receipt for and hold all monies paid or deposited ro as a binder or deposit on the purchase of the Praperty, and the duties of the broker relative thereto shail be in accordance with the laws of the State of Florida < and regulations of the Florida Board of Real Estate. _ ] 3. Owner understands that this Agreement does not guarantee the sale of the Property, but that it does assure Owner that REALTOR will use earnest and i continued effort to sell the Property until this Agreement is terminated, 7. That, in the event Owner decides, because of a bonafide change in circumstances, acceptable to REALTOR, not to self the Property, then Owner may, by first signing a Withdrawal Agreement and simultaneously therewith paying a cancellation fee of $__/2% conditionally terminate the within Agreement. However, Owner agrees that, in the event the Property is contracted for sale, during the time period from agreed termination to original Termination Date, to any party, then the early termination provided by this paragraph will be voidable by the REALTOR and the Owner will be obligated to pay the REALTOR the agreed compensation set forth in Subparagraph 4.a., less any sum paid pursuant to this paragraph. If a contract is entered into at any time between Owner and any party introduced to the Property by REALTOR, or those working by or through REALTOR, including Owner, during period prior to early termination f of Agreement, and if compliance is had with the provisions of Subparagraph 4.e., then the obligation to pay compensation to the REALTOR will continue for : the period of time set forth in Subparagraph 4.e., and as otherwise authorized and limited by the terms of that subparagraph. 8. (Check one) REALTOR may utilize S¢“may not utilize [7 the name of the Owner in connection with marketing or advertising of the Property either before or after sale. i 9. (Check one) In the event I have a vatid contract for the sale of the Property, | DoC] Do Not&~desire that additional offers be presented to me. If OO NOT is selected, this does not preclude having additional offers presented that are contingent upon the termination of the existing contract. If DO is selected the Owner is advised to seek legat counsel prior to accepting a subsequent offer. ‘ 10. (Check one) Owner desires(] does not desi utilization of the Lockbox system. In this connection, Owner has been informed that, through use of a : Lockbox system, the Property may be moré readily shown to prospective purchasers, but personal property of the Owner may, therefore, be more : susceptible to theft or damage. Owner agrees that the Lockbox, if utilized, will be for the benefit of Owner and releases REALTOR and those working by or through REALTOR and Cape Kennedy Area Board Of REALTORS, Inc., from all liability and responsibility in connection with any loss that may occur. : 11, That as regards any litigation including appellate proceedings arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attermey fees and costs. ce a ’ 12. That the date of this Agreement shall be the date when the last one of the Owner and the REALTOR has signed this Agreement. 13. As provided by Section 167-57, F.S.(1985), as arriended, if the Property is located either partially or totally seaward of the Coastal Construction Controt Line (CCCL), then Seller at or prior to the closing, unless waived in writing by the Buyer, shall provide to Buyer, an affidavit, or a ‘survey meeting the requirements of chapter 472, F.S.(1985), delineating the location of the CCCL on the Real Property. ’ 14, Owner specifically acknowledges and understands that where Owner knows of facts materially affecting the value or desirability of the Property whether said facts are readily observable, or not readily observable, then Owner is under a duty to disclose said facts to Prospective Buyers and to the REALTOR. If Owner knows of said facts, he shall set them forth in writing under the “Special Clauses” provision below or by written document attached to this Agreement, If not known to the Owner at the time of execution of this Agreement, but known to the Owner during the tesm of this listing, then such information shall be immediately disclosed in writing to the REAL’ losure to prospective buyers. Owner has fully reviewed this Agreement and the information relative to said Property (as shown in the listing information above or the attached listing infermation sheet) and Owner warrants to the best of Owner's knowledge the accuracy of said information, Owner agrees to indemnify and hold harmless REALTOR and those relying thereon for damages resulling from any inaccuracy of said information and from Owner's failure to disclose any facts materially affecting the value of the Property. PAGE a 15. Ide&” do not i give REALTOR permission to divide with Buyer's Brokers compensation paid pursuant to this contract. If permission is given, division of compensation to be decided between REALTOR and Buyer's Broker. 16. | daSX donot} sive REALTOR permission to appoint and compensate subagents for the sale of the Property. If permission is given, division of compensation to be dec:ded between REALTOR and Sub-agent. 17, [de donot©} give REALTOR permission to accept dual agency. 18, Special Clauses (line through if not needed). NOS AND SEALS THE, » Witness aaa Date , Seek €or, , : 5- - - a Witngs: Owner “| om Date EPH A BENANT— GEN Bester v J £ ~ Listing Associate REALTOI Date fo not ask of expect to restrict the sale of your proparty according to race, color, roligion, sex, familfal status, handicap or natlonal origin, REALTOR policy as woll a8 Federal Law prohibits us from placing any such restrictions on showings or information about the avallability of homes for sale or rent. * ————— Revited 395 EKG ZL P AGE i F i ‘ cain ik ii Hh at eH Bal dt oe ater “XII, DISCLOSURES: Buyer ( [Mio FUN DAO DELIV Ar rie we CONTRACT FOR SALE PURCI€gE * FLORIDA ASSOCIATION OF REALTORS® AND THE FL ut LE aba i: (phona’ iS (Phone). Jereby agree that Seller shall sell and Buyer shall buy the following Heal Bropeny and Personal Property (collectively “Property’) upon the following terms ‘and conditions. which NCLUDE Standards for Real Estate Transactions ("Stangard(s)") on the reverse siae or attached hereto and riders and addenda to this Contract for Sale and Purchase (“Ceniract"). DESCRIPTION: “tee ad a Rhone Pee, LUIS iy (a) al fosernjn of Reaf progeny cate 7 COPE oi County. Florida; 227" Mpa EL: fb LET Z Za~eoht lea BOT ti Up Bewe 2s GE ED Wglia, KeGe@zss + fee (pf __ Lt ZA. puna (6) Street address, city. zip. of the propery ist TEGO Beta a fa FARE Z (c) Personal Property: AVE RS 7 Se LOO Lotry in the amount of ... s__100- $ 560 - = 4 Ta i AZRGRGHASE PRICE... PAYMENT: © {ay Deposit held in escrow by tg Ba ae ry Additional escrow deposit within, SS days after Effective Date (as delined in Paragraph 11!) in the amount of .. {c) Subject to AND assumption of mortgage in good standing in favor of. O — having an approximate present principal balance of ... —T {d) Purchase ey mortgage, Ne note (see addendum) in the amount of Mees Meet gAhee (e) Other: Z (0 Balance to close by U.S. cash, LOCALLY DRAWN certified or cashier's check or third-party loan, subject to adjustments and prorations - TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE.DATE; FACSIMILE: Il this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in ~ GT TS the deposit{s) will, at Suyer's option, be returned to Buyer and this otter withdrawn. The date of Contract (Eifective: tract and any signatures hereon shall be considered lor all purposes as onginals. —o 1g between the parties on of before ) willbe the date when the last one of the Buyer and Seller has signed ths offer. A tacs:mule copy al this Cont FINANCING: 3B (a) ifthe purchase price or any pat ol tis to be linanced by a tid party oan, ns Contract s conditioned on Buyer = 9.8 watepgonmument within“ & days atter Effective Date for (CHECK ONLY ONE) fixed: 9 an adjustable; of Ca fixed oF adjustable ate loan forthe pang arpount of $ —, at an ina ntrest rate not to excaed, 2, 4 ey By 5 ie 2 . siscount and exgination fees not to exceed __/__% of the principal amount, and a term of arg. Buyer. will make application within L cays after Effective Oate and use raasanable diligence to ‘obtain the loan commitment and, thereafter, to satisty the terms and conditions of the ‘commitment and close the loan. Buyer shall pay all loan expenses. if Buyer fails to obtain the commitment or fails to waive Buyer's rights under this subparagrap! within the time for obtaining the commitment or, after diligent effort, fails to meet the terms and conditions of the commitment, then either party thereafter, by written notice to the ‘other, may cancel this Contract and‘Buyer shall be refunded the deposit(s); or {0) The existing mortgage described in Paragraph Il(o) above has (CHECK CNLY ONE}: Oa variable interest rate; or © a fixed interest rate of “7 _% per annum, Al time of title transfer some fixed interest rales are subjact lo increase. If increased, the rate shall not exceed 35 per annum. Seller shall, within _“—— days after Effective Date. tumish a statement {rom each mortgagee stating principal balance, method of payment, ingrost Tala and Status of mortgage. If Guyer has agreed to assume a morgage which requires approval of Buyer by the mortgagee for assumplion, then Buyer shall promptly oot jin'‘the necessary application and diligently complete and return it to the mortgagee. Any mortgagee charga(s) not to exceed $a ____ shall be paid by Buyer, It Buyer is not accepted by mortgagee or the requirements for assumption are not in agcordance with the terms ol this Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the other party unless either elects to pay the increase in interast rate or excess mortgagee charges. oy plow! . 4, TITLE EVIDENCE: At least __i2 ____ days before closing date, tut no earlier than =>, days alter Seller receives written notification that Suyer has obtained the loan ‘an assumption as provided in Paragraphs IV(a) or (b). above, or, i applicable, waived the financing requirements. (CHECK ONLY ONE): 2 Seller sommitinent or bean approved for the lo: shalt at Seller's expense, deliver to Buyer or Buyer's attorney: or 4 Buyer shall at-Buyer's expanse obtain, in accordance with Standard A, (CHECK CNLY ONE): G abstract of title: insurance. sot tite insurance commitment (with legible copies of instruments listed as exceptions) and. after closing, an owes policy of tit VI. CLOSING DATE: This transaction snail be closed and the deed and othe? closing papers delivered on: LS 2 inless extended by cther provisions of this Contract. VIL RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall taka title subject to: comprehensive land use plans. zoning, restrictions, prohibitions ang other requirements impesea by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous » eal Property lines and not more than 10 feet in width as to the rear-or front fines and 7 1/2 feat in width as to the side lines, unless otherwise stated herein); taxes for year of closing 4nd subsequent years: assumed mortgages and purchase.money. itany, J other matters. see Paragraph XVI} provided, that there ‘exists at closing no violation of the foregoing rgeemrapn xii Bree ‘and none of them prevents use of the Property for __tnaok# Pune Potgtds bate — WSR! ARPS OS purpose(s). 7 Vit OCCUPANCY: Seller warrants that there are no parties in occupancy other ‘nan Seller: Dut if Propery is intended fo be rented or occupies beyond closing, the fact and terms sn sol ahall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F: Seller shall deliver ccuupaney of Property at time of closing eee anay is 1 be delivered betore closing, Buyer assumes’ all isk of loss to Property irom date of occupancy, shal be responsible and liable for maintenance from that dai canary ove accepted Property in,is exisling concilion as of time of taking occupancy unless otherwise stated herein. Ie. TYPEWRITTEN OR HANDWAITTEN:PROVISIONS: Typewrilen or handwnten provisions, riders and addenda shalt contro printed provisions of ss Contract in contlict wrth them. X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): ana shait ja) 2 COASTAL CONSTRUCTION CONTROL LINE RIDER iO) 4 FHAVA RIDER ig)Q (0) (CONDOMINIUM RIDER {e) 4 USSULATION RIDER ma * (¢) (2 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (1) UAS IS" RIDER (1) x1.” ASSIGNABILITY: (CHECK ONLY ONE): Buyer 2 may assign and thereby be released trom any further tiability under this Contract; 1D may assign Sut not be released from liability - under this Contract; ot may not assign this Contract. XL TIME! Time is of the essence of this Contract. “ERILY ONEVA: acknowledges: or “3 does not acknowledge receipt of the AgencyfPadon/Eneray-Elteiency Rating/Compensation. ine Real dias BUYER'S INITIALS. Property Sales Expense Disclosure Warning, ard, if applicable, the Mandatory Homeowners’ Association disclosures. XIV, MAXIMUM REPAIR COSTS: Seller shall not be responsibie for the payment of cosis in excess of: as = for treatment and repair under Standard 0 i blank, inen 2% of the Purchase Price). $s — for tepair and replacement under Standard N fit blank, then 3% of the Purchase Price). XV, (SPECIAL CLAUSES: If additional space is required, altach addendum arc CHECK HERE 2. {i BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. RIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. $ Contract should be accopted by the partes in a particular transactson. Terms and conaions snouia 15, objectives and bargaining positions of ail interested persons. THIS IS INTENDED TO'BE A LEGAI THIS FORM HAS BEEN APPROVED BY THE Approval does not constitute an opimon that any of the terms and conditions it be negotiated based upon the respective ite! > 4 . CL fren, wey E Le. Buyer) va Water (Seller) (Date) “ GOST DL SL Social Security or Tax 1.0. # AES ES IEEE Social Security or Tax 1.0. &. Buyer) (Date? (Seller) (Date) Social Securily,gr Tax LO. #s Sccial Secunty or Tax 1.0. # - fs Deposit under Paragraph Il (a) received; IF OTHER THAN CASH. THEN SUBJECT TO CLEARANCE. Ftd > hk PvE POT aad ve (Escrow Agent) BROKER'S FEE: The brokers named below, including listing and cooperating brcsz7s, are the only ae to compensation in connection with ‘nis Contract: : sia Wane eget oe Aly (E6 ue Keb £9 Name at if Z Gboperating Brokers, if any CAT . Tiating Braker BO — anny cae aaa , L ; —, 4s ofsan ssed Thess v5 BL Sena ef) z “p Py Cn paesars cba fo PRee. ee Ap Book. Tule Mazeetes Ce ARE. Cor Kerth l & phd BEL BAD OS , ZA N Parnes enry TOR Pipes: an a Cw . SILK Joe be. CORT T— Oe Pox LES » oS PRES ‘ C. AB I.. ake LE: Pa Cates Be of 17 omer o74 Me

Docket for Case No: 00-002701